End-User Agreement

Software Products: Object of this agreement is the Nero software suite, comprising a selection
of components, that varies with different suite types, from the following list: Nero Burning ROM,
Nero Express, Nero Scout, InCD, InCD Reader, Nero StartSmart, Nero Toolkit, Nero
CoverDesigner, Nero WaveEditor, Nero SoundTrax, Nero BackItUp, Nero ImageDrive, Nero
Home, Nero Vision, Nero Recode, Nero ShowTime, Nero PhotoSnap, Nero PhotoSnap Viewer,
Nero MediaHome, Nero PhotoShow Express, Nero PhotoShow Elite, Nero PhotoShow Deluxe,
WMA Plug-in, Multichannel Plug-in, DVD-Video Plug-in and/or Nero Fast CD-Burning Plug-in
("Software")
Licensor: Nero AG ("Nero")
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "END USER", AND NERO AG, IM
STOECKMAEDLE 18, 76307 KARLSBAD, GERMANY.
CONCLUSION OF THE CONTRACT
THIS AGREEMENT IS EFFECTIVE
A. BY OPENING THE SEALED PACKING OF NEROS SOFTWARE ON THE "EFFECTIVE
DATE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY
RETURN THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING
WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE
YOU OBTAINED THEM FOR A FULL REFUND.
OR
B. BY INSTALLING THE DOWNLOADED NERO, YOU ARE AGREEING TO BE BOUND BY
THE TERMS OF THIS AGREEMENT BY MEANS OF CLICKING THE ACCEPT
BUTTON ON THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PROMPTLY UNINSTALL AND DELETE THE SOFTWARE AND ALL THE
ACCOMPANYING ITEMS (INCLUDING DOCUMENTATION OR MANUALS) IF THE
TERMS OF THIS AGREEMENT COMPRISE AN OFFER BY NERO, THEN YOUR
ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS CONTAINED HEREIN.
The terms of your license agreement ("Agreement") for the Software described above depend on
whether you purchased the Software from:
(1) an Nero OEM partner; or
(2) Nero or an Nero distributor or
(3) Downloaded the Software.
If the jewel box in which you received the Software includes the word "OEM" on its cover (or on
the CD itself), you have acquired a copy of the Software from an Nero OEM partner.
If the jewel box in which you received the Software has only Nero's label on it and does not
include the word "OEM" on its cover (or on the CD itself), you have acquired a copy of the
Software from either Nero or an Nero distributor.
If you downloaded the Software which allows you to install only under the condition that you need
to connect a hardware device to your PC, you have acquired a copy of the Software from an Nero
OEM partner.

A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM

OEM PARTNER
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any
single computer ("OEM License"), provided the Software is in use on only one computer at any
given time. If you have acquired a multiple license for the Software, then at any one time you may
have in use up to as many copies of the Software as you have licenses. The Software is "in use"
on a computer when it is loaded into the temporary memory or installed into the permanent
memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy
installed on a network server for the sole purpose of distribution to other computers is not
considered "in use". If the anticipated number of users of the Software might exceed the
authorized number of applicable licenses, then you must have a reasonable mechanism or
process in place to assure that the number of concurrent uses of the Software does not exceed
the number of licenses.
THE OEM LICENSE GRANTED HEREIN IS ONLY VALID IF ACQUIRED AS A BUNDLE WITH
CD/DVD-RECORDING HARDWARE.
II. Copyright
The Software is owned by Nero or its licensors and is protected by copyright laws, international
treaty provisions, and other national laws. You agree that you have no right, title or interest in the
Software, except as set forth in Subsection I. If the Software is not copy protected you may either
(a) make one copy of the Software solely for backup or archival purposes, or
(b) transfer the Software to a single hard disk provided you keep the original solely for backup or
archival purposes.
Product manual(s) or written materials accompanying the Software may not be copied.
III. Other restrictions
You may not rent or lease the Software, but you may permanently transfer your rights under this
Agreement provided that: (i) you transfer all copies of the Software and all written materials; (ii)
the recipient agrees to be bound by the terms of this Agreement; and (iii) you remove any and all
copies of the Software from your computer and cease any further use of the Software. Any
transfer must include the most recent update and all prior versions. You may not copy the
Software except as expressly set forth above. You may not reverse engineer, decompile or
disassemble the Software, and you are not allowed to post or otherwise make the Software
available on the World Wide Web. If you did not acquire the Software in its original packaging and
you are not a transfer recipient under this subsection, you are not licensed to use the Software.
Updates and upgrades: The software will be maintained by Nero by means of updates and
upgrades and provided with new specifications. An update is a new release of an existing
software product and is provided to the customer free of charge by Nero. An upgrade is a major
functional enhancement to the software and can be purchased via the Nero website
( www.nero.com ). Should you decide to install an update, the provisions of this software
licensing agreement will apply and you will receive the right to use the software obtained by
means of the update in accordance with the provisions of this software licensing agreement.
Should you purchase a software upgrade to a newer version, you will be entitled to use both the
originally purchased Nero version and the upgrade as standalone products in accordance with
the provisions of this software licensing agreement. The entitlement to use the upgrade as a
standalone product is, however, contingent on your continued possession of the originally
purchased Nero software. This upgrade arrangement refers exclusively to all Nero upgrades.
IV. Warranties

NERO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS OEM LICENSE,

INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. The party from whom you purchased the product
with which this Software has been bundled may have warranty and/or support obligations to you.
V. No liability for consequential damages
In no event shall Nero or its licensors be liable for any other damages whatsoever (including,
without limitation, damages for loss of business profits, business interruption, loss of business
information, or other pecuniary loss) arising out of the use of or inability to use the Software, even
if Nero has been advised of the possibility of such damages.
VI. Reservation of proprietary rights
All proprietary rights on delivered Software are reserved to Nero unless all claims against the End
User are paid off or the cheque is cashed in. If reservation of proprietary rights is performed by
Nero, the End User is no longer entitled to use the Software furthermore. All copies made of Nero
s Software have to be deleted completely and ultimately by the End User.
VII. Duration of the agreement
The agreement is concluded for an undefined period of time. By violating the provisions about
copyright and other restrictions according to II. and III. the End User is no longer entitled to use
Neros Software and its accompanying items. In this case End User is obligated to resend original
discs and all copies of data carriers and to erase completely and ultimately all data from End User
s computer established by means of Neros Software. The observance of this agreement is
conditional for the legal use of the Software and its accompanying items. In case of intentional
violation of any obligation stipulated in this agreement by the End User, Nero is entitled to
terminate this agreement extraordinarily and immediately.
VIII. Safeguard measures
End User will keep the Software in safe custody and will indicate his members of household to
follow the obligations stipulated in this agreement. End User will follow all relevant legal
provisions, especially the laws on intellectual property and copyright.
IX. Disclaimer
THE SOFTWARE IS DESIGNED TO ASSIST YOU IN REPRODUCING MATERIAL IN WHICH
YOU OWN THE COPYRIGHT OR HAVE OBTAINED PERMISSION TO COPY FROM THE
COPYRIGHT OWNER. UNLESS YOU OWN THE COPYRIGHT OR HAVE PERMISSION TO
COPY FROM THE COPYRIGHT OWNER, YOU MAY BE VIOLATING COPYRIGHT LAW AND
BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE
UNCERTAIN ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU
ASSUME FULL RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE
SOFTWARE.
X. U.S. Government Restricted Rights
Any use of the Nero Software by the U.S. Government is conditioned upon the Government
agreeing that the Software is subject to Restricted Rights as provided under the provisions set
forth in subdivision (c)(1)(ii) of Clause 252.227-7013 of the Defense Federal Acquisition
Regulations Supplement, or the similar acquisition regulations of other applicable U.S.
Government organizations. The Contractor/Manufacturer is Nero AG, Im Stoeckmaedle 18,
76307 Karlsbad, Germany.
XI. Web Search Feature
Nero has integrated in some of Nero' software applications a feature that enables you to enter a
search request through the Software which will provide you with search results from a variety of
sources, including the World Wide Web (the Web Search Feature). Nero and its affiliates do not
and cannot guarantee the continuous operation of this Web Search Feature. Nero reserves the

right to change the functionality of this feature or to cease supporting or integrating such feature
into the Software without further notice to you.
You acknowledge and agree that Nero and its affiliates shall not be liable for any delays, failures
or outages relating to or arising out of use of the Web Search Feature. The Web Search Feature
is provided under license from Yahoo Inc., USA. For additional information concerning the Web
Search Feature, please visit www.nero.com.

B. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM

NERO OR AN NERO DISTRIBUTOR
The license terms and conditions applicable to Software purchased from Nero or an Nero
Distributor are exactly the same as set forth in Section A above, except that Subsection I (Grant
of license) and Subsection IV (Warranties) shall read as follows:
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any
single computer, provided the Software is in use on only one computer at any given time. If you
have acquired a multiple license for the Software, then at any one time you may have in use up to
as many copies of the Software as you have licenses. The Software is "in use" on a computer
when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard
disk, CD ROM, or other storage device) of that computer, except that a copy installed on a
network server for the sole purpose of distribution to other computers is not considered "in use". If
the anticipated number of users of the Software might exceed the authorized number of
applicable licenses, then you must have a reasonable mechanism or process in place to assure
that the number of concurrent uses of the Software does not exceed the number of licenses.
II. Warranties
Nero warrants that for a period of ninety (90) days from the date of receipt, the Software will
perform substantially in accordance with the accompanying documentation. Any implied
warranties on the Software are limited to 90 days or the shortest period permitted by applicable
law, whichever is greater. Neros entire liability and your exclusive remedy for a breach of this
warranty shall be, at Neros sole option, either (a) return of the price paid or (b) repair or
replacement of the Software that does not meet Neros limited warranty and that is returned to
Nero with a copy of your receipt. If failure of the Software is the result of accident, abuse, or
misapplication, this limited warranty shall be void. Any replacement Software will be warranted
for the remainder of the original warranty period or 30 days, whichever is longer. NERO MAKES
NO OTHER WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
C. TERMS AND CONDITIONS APPLICABLE TO ALL LICENSES
I. Third Party Disclaimer and Limitations
a.) WM-DRM: WM-DRM: Content providers are using the Microsoft digital rights management
technology for Windows Media (WM-DRM) to protect the integrity of their content (Secure
Content) so that their intellectual property, including copyright, in such content is not
misappropriated. Portions of this Software and other third party applications (WM-DRM
Software) use WM-DRM to transfer or play Secure Content. If the WM-DRM Softwares security
has been compromised, owners of Secure Content (Secure Content Owners) may request that
Microsoft revoke the WM-DRM Softwares right to copy, display, transfer and/or play Secure
Content. Revocation does not alter the WM-DRM Softwares ability to play unprotected content. A
list of revoked WM-DRM Software is sent to your computer whenever you download a license for
Secure Content from the Internet. Microsoft may, in conjunction with such license, also download

revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners
may also require you to upgrade some of the WM-DRM components distributed with this
Software (WM-DRM Upgrades) before accessing their content. When you attempt to play such
content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required
and then ask for your consent before the WM-DRM Upgrade is downloaded. WM-DRM Software
used by third parties may do the same. If you decline the upgrade, you will not be able to access
content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected
content and Secure Content that does not require the upgrade.
b.) MPEG-2:
If the product you purchased was provided as "MPEG-2 Royalty Product" the following applies:
MPEG-2 ROYALTY PRODUCT. ANY USE OF THIS PRODUCT OTHER THAN CONSUMER
PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR
ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED
WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO,
WHICH LICENSE IS AVAILABLE FROM MPEG LA L.L.C., 250 STEELE STREET, SUITE 300,
DENVER, COLORADO 80206. OTHER THIRD-PARTY LICENSES INCLUDED ONLY IF
GRANTED IN WRITTEN.
If the product you purchased was not provided as "MPEG-2 Royalty Product" the following
applies:
MPEG-2 INTERMEDIATE PRODUCT. USE OF THIS PRODUCT IN ANY MANNER THAT
COMPLIES WITH THE MPEG-2 STANDARD IS EXPRESSLY PROHIBITED WITHOUT A
LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH
LICENSE IS AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET, SUITE 300, DENVER,
COLORADO 80206. OTHER THIRD-PARTY LICENSES INCLUDED ONLY IF GRANTED IN
WRITTEN.
c.) MPEG-4: Use of this product in any manner that complies with the MPEG-4 Visual Standard is
prohibited, except for use by a consumer engaging in personal and non-commercial activities.
d.) MP3 and mp3PRO: Supply of this product only conveys a license for private, non-commercial
use and does not convey a license nor imply any right to use this product in any commercial (i.e.
revenue-generating) real time broadcasting (terrestrial, satellite, cable and/or any other media),
broadcasting / streaming via Internet, intranets and/or other networks or in other electronic
content distribution systems, such as pay-audio or audio-on-demand applications. An
independent license for such use is required. For details, please visit www.mp3licensing.com .
e.) Dolby: Supply of this implementation of Dolby Technology does not convey a license nor
imply a right under any patent, or any other industrial or intellectual property right of Dolby
Laboratories, to use this implementation in any finished end-user or ready-to-use final product. It
is hereby notified that a license for such use is required from Dolby Laboratories.
Confidential information Limited distribution to authorized persons only. This Dolby Software is
protected under U.S. copyright laws as an unpublished work. They are confidential and
proprietary to Dolby Laboratories. Their reproduction or disclosure, in whole or in part, or the
production of derivative works therefrom without the express permission of Dolby Laboratories is
prohibited. Do not copy. Copyright 1992-1999 Dolby Laboratories, Inc. All rights reserved
f.) aac: The aac Plug-In is using the MP4 file format I/O library. This library is available under
MPL from www.mpeg4ip.net. aacPlus developed by Coding Technologies (CT).
www.codingtechnologies.com Trademarks of CT are the property of CT.
g.) OpenSSL License: Open SSL is copyright (c) 1998-2005 The OpenSSL Project. All rights
reserved. Redistribution and use of Open SSL in source and binary forms, with or without
modification, are permitted provided that the following conditions are met: 1. Redistributions of
Open SSL source code must retain the above copyright notice, this list of conditions and the
following disclaimer. 2. Redistributions of Open SSL in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer in the documentation and/or

other materials provided with the distribution. 3. All advertising materials mentioning features or
use of the Open SSL software must display the following acknowledgment: "This product includes
software developed by the OpenSSL Project for use in the OpenSSL Toolkit.
( http://www.openssl.org/ )" 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be
used to endorse or promote products derived from this software without prior written permission.
For written permission, please contact openssl-core@openssl.org. 5. Products derived from this
software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior
written permission of the OpenSSL Project. 6. Redistributions of any form whatsoever must retain
the following acknowledgment: "This product includes software developed by the OpenSSL
Project for use in the OpenSSL Toolkit ( http://www.openssl.org/ )". Open SSL TOOLKIT IS
PROVIDED BY THE OpenSSL PROJECT AS IS AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
h.) PuTTY: Nero BackItUp uses PuTTY to transfer data over SSH. PuTTY is copyright 1997-2005
Simon Tatham. Portions of PuTTY are copyright Robert de Bath, Joris van Rantwijk, Delian
Delchev, Andreas Schultz, Jeroen Massar, Wez Furlong, Nicolas Barry, Justin Bradford, Ben
Harris, Malcolm Smith, Ahmad Khalifa, Markus Kuhn, and CORE SDI S.A. Permission is hereby
granted, free of charge, to any person obtaining a copy of PuTTY and associated documentation
files (the "Software"), to deal in the Software without restriction, including without limitation the
rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the
Software, and to permit persons to whom the Software is furnished to do so, subject to the
following conditions: PuTTY IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN
NO EVENT SHALL SIMON TATHAM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
i.) AES: AES software used in Nero BackItUp is copyright (c) 2002, Dr Brian Gladman,
Worcester, UK. All rights reserved. The free distribution and use of AES software in both source
and binary form is allowed (with or without changes) provided that: 1. Distributions of the AES
source code include the above copyright notice, this list of conditions and the following disclaimer;
2. Distributions in binary form include the above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other associated materials; 3. The copyright
holder's name is not used to endorse products built using the AES software without specific
written permission. AES software is provided 'as is' with no explicit or implied warranties in
respect of its properties, including, but not limited to, correctness and/or fitness for purpose. The
AES source code can be fetched from http://fp.gladman.plus.com.
II. Governing Law: This Agreement shall be governed by and interpreted in accordance with the
internal laws of California, USA. If any dispute shall arise pursuant to any provision of this
Agreement, said dispute shall be settled by binding arbitration in accordance with the rules and
regulations of the state courts, located in Los Angeles, California. If any term or provision of this
Agreement shall be declared invalid in arbitration or by a court of competent jurisdiction, such
invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of
this Agreement shall remain in full force and effect, according to its terms. Any provision declared
invalid shall be modified to the fullest extent possible to reflect the parties' intent as of the

Effective Date.
Copyright 1996-2006 Nero AG and its licensors. All rights reserved.
Portions of the Software utilize Microsoft Windows Media Technologies. Copyright 1999-2002.
Microsoft Corporation. All Rights Reserved. This product contains portions of imaging code
owned by Pegasus Software LLC, Tampa, FL ( WWW.PEGASUSTOOLS.COM ). Viruschecker is copyright (c) by Igor Daniloff, 1992-2006.
"Nero" is a trademark of Nero AG. Windows is a registered trademark of Microsoft Corporation.
Windows Media and the Windows logo are trademarks or registered trademarks of Microsoft
Corporation in the United States and/or other countries. The word Dolby and the double-D
symbol are trademarks of Dolby Laboratories. The Names "YAMAHA", "SoundVQ" are
trademarks of YAMAHA Corporation. SoundVQ software copyright 1999 Yamaha Corporation. All
Rights Reserved. The Name "TwinVQ" is a trademark of Nippon Telegraph and Telephone
Corporation. Other product and brand names may be trademarks of their respective owners.
Manufactured under license from Dolby Laboratories. MPEG Layer-3 audio compression
technology licensed by Fraunhofer IIS and THOMSON. mp3PRO audio compression technology
licensed by Coding Technologies, Fraunhofer IIS and THOMSON.
This product is furnished under U.S. and foreign patents owned and licensed by AT&T Corp.
Nero reserves the right to change specifications without notice. Use of this product is subject to
the acceptance of the End User license agreement upon installation of the Software.
www.nero.com.
If you have any questions concerning this Agreement,
please contact us.
1999-2006 Nero AG / Nero Inc. All rights reserved.